The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1887-05-26
THE INTERSTATE LAW.
I he Chairman of the Interstate Com.
mission Writes Hanley, of the
Minnesota & Northwestern.
important Points Made Apparent, One
Being that the Law Must Be
Vigorously Enforced.
The Commission Has No Power to Per-
manently suspend the Long and
short Haul Clause.


WASHINGTON, Special Telegram, May Is
The interstate commission has authorized
the publication OF letter as to the inter
pretaLion of which there cannot be two
opinions. The letter is addressed to General
Traffic Manager Hanley, of the Minnesota
Northwestern road, who had complained by
telegraph that his petition asking for relief
from the operations OF the fourth clause OF
the act had not been complied with, and re.
questing that speedy action should be taken,
as his road was being greatly injured by the
enforcement of the law. The letter of the
commission is written evidence that all
roads under like circumstances and the pub
lie generally may understand the position OF
the commissioners with respect to the law
The following is the language or the COM
MISSIONS letter:
First-It is obvious that the cases the law
contemlates in which the commission is au-
thorzad to make orders for suspension are ex-
ceptonal cases; that is to say, cases whose facts
make them stand apart from ordinary cases. The
act does not define them. 1t does not state the
grounds that shall warrant relief, but it plainly
intends that these grounds in every case shall be
special and peculiar; that where only general
reasons operate the general law shall be left to
its ordinary course, however serious may be the
consequences i'll particular cases and to partlcu-
lar roads and interests
Second-It is also made plain by the act that
any order for suspension was intended to be
based upon an Investigation. which should sat
isfy the commission that the case was in fact eX
ceptional, fairly within the intent of the prOvis-
ion made for relief The Jurisdiction of the COM
mission to make orders is evidently meant to be
somewhat closely restricted. The commission. in
its correspondence and otherwise every day Is
made aware of the prevalence in some quarters
Of vague notion that power has been conferred
upon it to interfere anywhere and for any rea-
sons satisfactory to itself in order to prevent
what it may think likely to be harmful; but you.
of course indulge no such baseless notion The
commission as You will agree, must find its au-
thority in law and not in its own ideas. right or
policy
Third-It must be assumed that congress in
tended the general law in its main features at
least, to be permanent law for the country. 1t
must therefore have contemplated that consider
able sacrifices would necessarily bs submitted
to by parties and some interests, while
the general law was being established, for very
obvious reasons. 1t would be quite impossible to
introduce considerable changes in the branch OF
the law which concerns intimately tho COM
merce of the country without serious conse-
quences to some private interests In all such
cases. incidental injuries, however great they
may be, must necessarily be borne for the gen.
eral good, and il the legislature mis- lsJ0dges as to
what the general good demands it is to be ex-
pected that in due time it will provide remedy.
THE FIRST QUESTIONS
to confront the commission upon its organiZa-
tion raised upon applications for relief filed
by railroad companies under the fourth section
of the act. Cases in which companies were
charging more for the shorter than for the longer
haul over the same line in the same direction
were to be met with in all parts of the country.
The reasons for doing this were thought by
managers in many cases absolutely imperative,
and to concern The interest OF the public quite
as much as that of the roads themselves. The
interests involved in the question were very
great, and the anticipation of serious injury
| from any sudden change was In some quarters
| quite general. The commission, therefore, had
| very earnest appeals made to it in support of
corporate applications for relief from boards of
trade and other public bodies, from representa-
tives of large business interests which feared or
professed to fear destruction or bankruptcy. In
many cases appeals seemed to be made in the
belief that the probability of injury of itself
sufficient warrant for the commission to inter
fere. and grant relieving order. 1t its scarcely
necessary to say to You that any such belief was
without legal support. The ground for suspen-
ons wogid not in fact s be- made
| for relief without giving the commits
sion such general dispensing power
| as would not be consistent with sound princi
| pies of government. Congress has rot ntimated
| a purpose to give such power. 1t the law IN Its
general operations were to prove generally and
equally mischievous in all directions commits
sion, instead of having greater power for that
] reason would on the other hand have no power
| of suspension whatever, for the simple, plain
| reason that there would then be no exceptional
| cases for it to act upon. Therefore no cases
would be referred bv the act to its judgment; !;
but uniform effects were of course as far from
| being possible as they were from being contem-
plated. There must and will be exceptional
cases. In the absence of any specification Of
these in the act itself the commission was
! obliged to determine as best it might what cases
were probably in the mind of congress when
| EXCEPTIONAL RELIEF
was provided for. 1t also found itself confronted
| with the question whether railroads might de-
termne for themselves, but at their peril.
whether in any particular case the circum-
stances and conditions were so far different as
| to justify create charge for the shorter haul,
or whether only upon and in view of such differ
| ent circumstances and conditions the commits
| sion was empowered to act, suspension author
| lied by the act was to be ordered after investi-
| CATION. This was plainly determined by the act
| itself. The commission, however. deemed it
| wise to grant some temporary orders on lnvestl-
| CATION not complete as it expects to finally
make. This was done in the belief that no con-
| siderable mischief could follow from allowing
| the existing conditions of things to remain for
| brief period, whether then suffered to stand or
not, and that harmful results from sudden
| change in the law might thereby to some
extent be averted. This. of course. also gave
the commission such opportunity for
congress undertook to reform as
would otherwise have been wanting. This
time believed had important advantages and
still believes will conduce to the lest results in
the end You speak strongly and earnestly OF
reasons for granting your application, but in
order to warrant it being granted it is not
enough that the application, II considered by it
self. appears to have merits. The commission
lief to one applicant will have upon other inter-
ests, and your knowledge of railroad matters
must enable you to perceive that in some Sec
tions of country the granting Of one application
| may affect the interests of other roads as to
create a necessity for like relief to several mere
the satisfaction OF one claim begetting Others
equally meritorous, until, If all are satisfied,
| the exception becomes the rule: but when such
Is the result the probable reasons for declining
| TO make any temporary order are very conclu-
| sive. The commission cannot consent deliber-
| atey to enter upon highway where
to all appearance. there will be no halt
ing place within the limits of it
lawful jurisdiction. If the general suspension
of long and short haul clause is not to be made
by single comprehensive order, neither should
the same result be reached or approached by
| granting successive orders in individual cases.
| In whatever the commission may do. it must
keep in view the preservation Of the general
rule. II is not our purpose in this communities
tion to cypress any opinion to what ought to be
the final conclusion upon your application. The
commission is not yet prepared to give its de-
cision, and the purpose Of this answer to youl
telegram is merely to place before you some 0
the reasons which up to this time have pre-
cluded definite action That injury results tt
parties interested in your road or to any othel
persons, is sincerely regretted, and your belief
that such is the case will be kept in mind as
reason for action as prompt as shall seem con
sistent with duty. In these views the whole
commission concurs.
The letter is signed by Chairman Cooley.